The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2019

Amendment of the Police (Injury Benefit) (Scotland) Regulations 2007

28.  In regulation 13 (adult survivor’s special award)—

(a) for paragraph (1) substitute—

“(1) This regulation applies to an adult survivor of a police officer who dies or has died as a result of an injury received without their own default on the execution of their duty (“the deceased officer”).

(1A) For the purposes of these Regulations a person is an “adult survivor” if, at the date of the deceased officer’s death, that person—

(a) was the spouse or civil partner of the deceased officer,

(b) was co-habiting with the deceased officer and—

(i) was not married or in a civil partnership with the deceased officer,

(ii) is not the spouse or civil partner of any other person,

(iii) could have entered into a marriage or civil partnership under the law of Scotland with the deceased officer but did not do so,

(iv) was financially dependent on the deceased officer or was, with the deceased officer, in a state of mutual financial dependence, and

(v) was in a long-term relationship with the deceased officer.

(1B) In paragraph (1A), “long-term relationship” means a relationship that has continued for a period of at least two years ending with the date on which the question of the person’s status in relation to the deceased officer falls to be considered, or such shorter period as the police authority may in any particular case think fit.”.

(b) for paragraph (2)(b), substitute—

“(b) subject to paragraphs (7) and (8), a gratuity of an amount equal to 25% of the deceased officer’s average pensionable pay together with, where the officer died while serving as a member of the police force, whichever is the greater of the amounts mentioned in paragraph (2A).”,

(c) after paragraph (2) insert—

“(2A) The amounts are—

(a) for a member of the 1987 scheme who is not a member of the 2015 scheme—

(i) the member’s average pensionable pay, and

(ii) 2¼ times the annual amount of ill-health pension which would have been payable under regulation B3 of the 1987 Regulations (policeman’s ill-health award) to the member had the member retired on the ground of permanent disablement on the date of the member’s death,

(b) for a member of the 2006 scheme who is not a member of the 2015 scheme—

(i) the member’s average pensionable pay, and

(ii) 2¼ times the annual amount of ill-health pension which would have been payable under regulation 29 of the 2007 Regulations (police officer’s ill-health pension) to the member had the member retired meeting the criteria for a standard ill-health pension and an enhanced ill-health top-up pension on the date of the member’s death,

(c) for a member of the 2015 scheme—

(i) the member’s average pensionable pay, and

(ii) 2¼ times the annual amount of ill-health pension which would have been payable under regulation 92(3)(b) of the 2015 Regulations (entitlement to payment of ill-health pension) had the member retired meeting the upper tier threshold for payment of an ill-health pension under regulation 91(2) (payment thresholds) of those Regulations on the date of the member’s death.”.